The Supreme Court has directed the Expert Committee of the National Medical Commission (NMC) to review the disabled quota guidelines fixed for MBBS admission. The apex court has asked the NMC to review its recommendations taking into account the Centre’s notification of March 2024 for assessment of disability. This order of the Supreme Court came on the petition of a candidate seeking admission in MBBS. This student was denied reservation under the disabled quota due to his mental health condition. A bench comprising Justices PS Narasimha and Pankaj Mithal directed the NMC to file an affidavit in this regard within eight weeks.
The MBBS candidate had filed this petition before the court in the year 2022. According to the Times of India news, the candidate is suffering from poor mental condition whose level is above 40 per cent on the Indian Disability Assessment Scale (IDEAS). Keeping in view the mental health of the student, on the recommendation of the Disability Certification Board, he was denied admission in the medical course under the disability quota.
In view of this petition, the Supreme Court had in May 2023 directed the NMC to appoint an expert panel to examine new methods of disability assessment in students with mental illness, specific learning disabilities and autism spectrum disorders for the MBBS admission form. Following the court’s directions, the NMC constituted an expert committee and prepared guidelines for granting admission to students with specific disabilities under the Rights of Persons with Disabilities Act, 2016. The NMC had reportedly informed the apex court in September that students suffering from mental illness would be eligible for undergraduate education in medicine without any restrictions. According to the NMC report, students with mental illness will not be barred from admission in medical courses, provided they have secured the required competitive rank in NEET UG. Subsequently, on March 12 this year, the Ministry of Social Justice and Empowerment issued a notification laying down detailed guidelines for assessment of specific disabilities, including mental disability.
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The Ministry of Social Justice and Empowerment, through the Department for Empowerment of Persons with Disabilities, has issued guidelines for assessing the extent of various specific disabilities in individuals. These disabilities include mobility impairment, visual impairment, chronic neurological disorders and mental illness.
The petitioner, who is seeking admission in MBBS, has raised concerns over the norms for assessing the disability of persons with intellectual disabilities (Specific Learning Disability – SLD and Autism Spectrum Disorder – ASD). In the petition, the candidate claims that all students should have equal access to medical education, irrespective of their disability.
During the hearing, the petitioner’s lawyer argued that in many countries around the world students suffering from mental problems are allowed to enter medical education.
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